Underground man-made objects, such as utility lines and pipes (hereinafter “utility lines”), are very susceptible to damage from excavation activities. Local and federal regulations require that notification be given to owners of underground utility lines in an area to be excavated before any excavation takes place. The owners of the utility lines typically must locate and mark the location of any underground utility lines.
The tasks of locating and marking underground utility lines can be performed by either the utility line owner or by third party contractors. A marking tool is typically used to mark the ground, pavement or other surfaces in order to provide a visual indication of the location of underground utilities. Paint is commonly used as the marker, and it is typically applied using a paint marking tool. The color of the paint is typically chosen based on the type of utility line being marked (e.g., red for an electrical line).
Inaccurate marking of the utility lines can result in physical damage to utility lines, property damage, and/or personal injury during the excavation process that, in turn, can expose the utility line owner or contractor to significant legal liability. When utility lines are damaged and/or when property damage or personal injury results from hitting a utility line during an excavation, the excavator may assert that the utility line was not accurately marked by the entity that carried out the marking, while the entity that marked the utility line will assert that the utility line was properly marked. Proving whether the utility line was properly marked can be difficult after the excavation, because in many cases the paint line used to mark the utility line will have been disturbed or destroyed during the excavation process.